Coroners and Justice Act 2009

Non-UK service providers: restriction on institution of proceedings

3 (1) This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”).

(2) Proceedings for a relevant offence may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is satisfied.

(3) “Relevant offence” means an offence under—

(a) section 2 of the Suicide Act 1961 (c. 60) (criminal liability for complicity in another’s suicide), or

(b) section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (criminal liability for complicity in another’s suicide).

(4) The derogation condition is satisfied where the institution of proceedings—

(a) is necessary for the purposes of the public interest objective,

(b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and

(c) is proportionate to that objective.

(5) “The public interest objective” means the pursuit of public policy.